Monday, August 22, 2011

Don't be your Own Worst Enemy!

I cringe to think how many times clients come into my office to discuss their criminal matter with me only to learn they have done possibly irreparable damage to their case. I have found few people who are aware of their constitutional rights.

Your awareness of some simple concepts may serve you well in the event you or a loved one is the unfortunate subject of a criminal investigation. First of all, always remember, you are not required to talk to the police. There may be occasions where your persuasive oral skills will serve to get you a stern warning instead of a costly ticket; however, talking with the police will rarely benefit you when the investigation is for a crime.

In addition, talking to friends and family about your criminal matter is usually not a good idea either. Although you do not expect a friend or family member to compromise your case, you may put him or her in an unfair position. A prosecutor may summon your family member or friend to the witness stand in a criminal trial and ask questions about your statements. Such a dilemma will force your family member or friend to decide between perjury and possibly hurting your case.

Don't get caught up by the fact that the police officer failed to inform you of your "Miranda Rights." These are your rights to remain silent and to have an attorney present during questioning. So long as you are not under "arrest" the police officer may properly ask you questions without informing you of these rights.
You are never required to consent to a search. If a police officer has a search warrant, you must permit the search. However, if a search warrant has not yet been obtained, you should insist the officer obtain one before you voluntarily allow a search. The fact that you insist upon a search warrant does not mean you have something to hide. Rather, it is a confirmation of the constitutional concept that police do not have the right to arbitrarily conduct searches of your property.

A police officer has no right to detain you unless there exists reasonable suspicion that you committed a crime or traffic violation. However, a police officer is always allowed to initiate a voluntary conversation with you. Sometimes it is unclear whether or not a person is detained. If you are in doubt, you should ask the police officer if you are in fact free to leave.

If you are arrested, Arizona law mandates that you will be brought before a judge within twenty-four hours. This is an important hearing for you. The judge will decide what conditions, if any, must be met before you can be released from jail. You have a right to retain an attorney for this hearing to argue for your release. Regarding the crime of driving under the influence of alcohol, the best advice is to have a designated driver. However, if you are the subject of a DUI investigation, you must be especially careful and thoughtful about what you say and do. In Arizona, a conviction for DUI guarantees a jail term.

Arizona law does not require you to submit to roadside field sobriety tests. Although these tests may assist you to convince an officer you are not intoxicated, as a general rule, refusing to take the tests is the better choice. Keep in mind, it is the police officer who subjectively decides whether you passed or failed the tests. Deciding whether to submit to a blood, breath or urine test is a different matter altogether. If you refuse one of these tests, you will likely lose your driver's license for one year. You should consult an attorney before deciding to refuse or submit to one of these tests.

DUI is a complex area of the criminal law. However, like other criminal charges, the decisions you make during your initial contact with a police officer can be the difference between conviction and acquittal.

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About My Firm

Marc J. Victor is an honorably discharged United States Marine who requires the same commitment to excellence from all members of the law firm that was expected of him during his time in the Marine Corps. To that end, we work hard to distinguish ourselves from other law firms. We represent people the way we would want to be represented ourselves. We strive to return all e-mails and all telephone calls the same day they are received. We want each client to feel like they are our only client. We will always give you honest and straight forward advice you can depend on.

We do everything we say we are going to do for you; at all times and in all cases. We realize a legal matter can be a life changing event. As such, we believe in doing things right the first time as there are usually no second chances. We expect to exceed even your highest expectations.

I realize there are many law firms competing for the privilege of representing you in your legal matter. I realize you have a difficult decision in determining which law firm would best serve your interests. I have worked hard for the past thirteen years to distinguish my law firm from the others, and to build my reputation as an aggressive advocate for my clients who offers honest and well reasoned legal advice.

If you peruse my website, http://www.attorneyforfreedom.com/ , you will quickly get a feel for what I call our “Commitment to Excellence.” During the time I served in the United States Marine Corps, I learned to despise mediocrity. I also learned what it meant to be absolutely committed to excellence. At my law firm, we apply those concepts to every representation we undertake. We take pride in thinking “outside the box” to generate creative solutions to problems.

We represent people the way we would want to be represented ourselves. We relate to our clients on a human level rather than just as attorney and client. We strive to return all telephone calls and e-mails the same day they are received. We do everything we say we are going to do; in all cases and at all times. In short, I have built my solid reputation on old fashioned and well established principles. I am a Certified Specialist in Criminal Law who has tried many serious felony cases including several 1st degree murder trials.

I have successfully represented thousands of clients in major felony matters in both state and federal court throughout Arizona and in other states. At my law firm, we bring a team approach to every criminal case. Vicki Lopez is an attorney who is a Certified Specialist in Criminal Law with twenty-five years of felony jury trial experience. Additionally, Scott Campbell is an attorney who brings twenty-four years of police officer experience including several years as a homicide detective to our team.

In short, our unique blend of experience, talent, skills and passion for criminal defense allows us to offer the best legal defense possible. All attorneys and paralegals employed by my law firm share the same commitment to excellence and 100% client satisfaction I have always believed in so strongly. I would be honored if you would keep my law firm in mind for any current or future legal services.

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About Me

Marc J. Victor is an honorably discharged United States Marine who requires the same commitment to excellence from all members of the law firm that was expected of him during his time in the Marine Corps. To that end, we work hard to distinguish ourselves from other law firms. We represent people the way we would want to be represented ourselves. We strive to return all e-mails and all telephone calls the same day they are received. We want each client to feel like they are our only client. We will always give you honest and straight forward advice you can depend on. We do everything we say we are going to do for you; at all times and in all cases. We realize a legal matter can be a life changing event. As such, we believe in doing things right the first time as there are usually no second chances. We expect to exceed even your highest expectations.
www.AttorneyForFreedom.com